RPVCCA_CC_SR_2015_04_07_E_Claim_Against_City_Olga_Aulet-LeonCITY OF '' -RANCHO PALOS
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CARLA MORREALE, CITY CLERK ?)
DATE: APRIL 7, 2015
SUBJECT: CLAIM AGAINST THE CITY BY OLGA AULET-LEON
REVIEWED: DOUG WILLMORE, CITY MANAGER M/t-J
RECOMMENDATION
Reject the claim and direct staff to notify the claimant.
DISCUSSION
The claimant alleges that on July 9, 2014, she was on her daily jog and was on Palos
Verdes Drive East when she was forced to cross the street due to a roadway project.
She stated that to avoid a construction sign on the sidewalk, she jumped onto the street
and tripped over a leg of the tripod holding the sign, which protruded into the air and
was the same color as the street; this caused her to fall on her left side and sustain
injuries. The alleged incident occurred on July 9, 2014, and the claimant copied the City
on her initial letter that she senf to All American Asphalt dated July 17, 2014, as well as
subsequent letters dated July 18, 2014, January 18, 2015, and February 19, 2015.
The City was copied on a letter dated February 25, 2015, to Ms. Aulet-Leon from Engle
Martin Claims Administrative Services (EMCAS), the insurance company for All
American Asphalt, in which EMCAS states they have completed their investigation and
decline liability for the claim.
The City's Claims Administrator, Carl Warren and Company, has reviewed the
claimant's letters and advised the City to reject the claim. The City's liability is doubtful
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Claim Against the City by Olga Aulet-Leon
Page 2 of 2
April 7, 2015
as All American Asphalt was the contractor constructing the roadway project for the City.
Attachments:
Claimant's Letters (page 3)
Letter from EMCAS —All American Asphalt Insurance Carrier (page 7)
K
To: Nicole Jules, director of public works.
30940 Hawthorne Blvd, RPV, CA 90275-5391
cc: Todd Garner, Anderson Penna Construction Management Team
20280 Acacia St #100, Newport Beach, CA 92660
cc: All American Asphalt
PO Box 2229, Corona, CA 92878-2229
July 17, 2014
To whom it may concern,
I am happy to see that the contractor the city of RPV has hired has finally decided to keep our city safe.
It is sad that it took one of the residents: me, to be Involved in an accident due to negligence from All
American Asphalt to literally clean up their act. The day of the accident: July 91" 2014 1 was on my daily
run which starts at my house, goes north on PV Dr East to Miraleste Dr, down to Via Colinita, up to PV Dr
East and back home. There was some sort of unattended construction equipment on the sidewalk just
north of my house when I started my run. This forced me to run onto the street since there was no
other way through.
When I came back from Via Colinita onto PV Dr East after my loop, again the sidewalk on PV East was
sprinkled with unattended construction equipment: trucks, trailers and other construction tools I don't
know the names of, Again I avoided them by going into the street. When I was on the final stretch, I
was doing my usual final sprint. There was a construction sign on the sidewalk, so I jumped onto the
street to get through. Unfortunately, a leg of the tripod holding the sign protruded in the air onto the
street, I did not see it because it was the same color of the street and I tripped on it. I landed in the
street on my left side. The impact was so strong, I just stayed there. Then I heard some voices and I saw
cars stopped and four guys coming towards me, I got up on my own and two of them walked me to my
house, My daughter's boyfriend was leaving and got scared when he saw me, My face elbow and knee,
all on my left side, were covered with blood. My daughter helped me clean off the wounds and I went
to bed, My shoulder was still hurting the following day so I made an appointment with Dr. Brian
Magovern, a shoulder specialist at Torrance Orthopaedic & Sports Medicine group. After taking x-rays
he was able to determine the head of my left Humerus bone was fractured, He advised me to go to the
emergency room due to me feeling nauseated and dizzy. I went to Torrance Memorial Hospital, but the
long wait made me feel even worse, so I went home. I have been in bed since, and will get up tomorrow
for a recheck with Dr Magovern.
It is very upsetting that I am losing precious time, can't visit with my daughter who is home from college,
can't work or even get in a car. And it's more upsetting to see that this construction company clearly
knows the difference between safe and unsafe, Now, after my accident, they are not leaving equipment
unattended, now they are indicating where there is obstruction, now they are sending project updates.
Had they been responsible and professional about their work from the beginning, I would have not been
robbed of the 6 weeks the bone will take to heal, plus whatever rehab I will need. This is wrong,
At Eric Castor's instructions, I have tried to contact his company to get the claims forms so my medical
bills will be paid, I spoke with Eve and John Grargy, but as of today I have received nothing.
Very disappointedly
Olga Aulet-Leon
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To: Nicole Jules, Director of Public Works.
30940 Hawthorne Blvd, RPV, CA 90275-5391
cc: Todd Garner, Anderson Penna Construction Management Team +
20280 Acacia St 4100, Newport Beach, CA 92660
cc: All American Asphalt
PO Box 2229, Corona, CA 92878-2229
July 18, 2014
To whom it may concern,
Today we received a second update since the commencement of the job. The first one, as stated in
yesterday's letter, was received after my accident,
On my way to the doctor's office this morning, I could not help but notice orange color all over the
place. There are orange cones marking where there is unattended construction equipment, and even
marking where the construction signs are. I even noticed that all the legs of the construction sign are
now orange; making them visible even if there were no cones,
Why was this not done from the beginning? Why did you have to wait for a problem to do things right?
Why were you reactive and not proactive?
Again, your negligence and ill preparation is robbing me of my precious time, My husband wants to
celebrate his sixtieth birthday in Catalina Island. At this point the doctor does not know if it will be safe
with my fractured bone to take the Catalina Express, and if it is, my activities will be limited.
I had been told by neighbors, friends and family about the sudden appearance of orange cones on PV
East. Seeing it with my eyes though, made me feel very upset. My accident would have been easily
prevented if you had acted professionally and followed safety codes from the very beginning
Disappointedly
Olga Aulet-Leon
El
Olga Aulet-Leon
Rancho Palos Verdes, CA 90275
January 18th, 2015
Date of loss 7/9/2014
File 4AA057674
Dear Nicole Jules, Director of Public Works
I am writing to request reimbursement of my out-of-pocket expenses caused by the negligence of All
American Asphalt, They did not keep the streets safe for the residents during the construction period.
By using oversized signs that not only blocked the entire sidewalk (leaving residents nowhere to go but
the streets), but having the base of said signs protrude onto the street without clear markings, they
caused me to fall, This injury has robbed me of precious and unreplaceable time and affected my
overall physical conditioning which up to date, (or may be never) have not been able to regain. Please
let me know if you need me to re send my letters from July 18, 2014 and July 19, 2014 that list the
details of the accident.
The total amount requested is $10,375.15 broken down as follows:
$3,175.15 Medical expenses
$7,200,00 Upgrade of 1 round trip ticket to Fiji (with my broken shoulder I could have not travelled with
the economy ticket I had purchased to celebrate my 60`" birthday)
I know that I would also be entitled to a compensation for pain and suffering as well as loss wages.
However, upon receipt of the $10,375.15 1 would be happy to settle the matter and not hold you liable
for any future consequences that might arise from my injury,
I think my request is very reasonable and fair, and ask that you respond at your earliest convenience due
to the statute of limitations for claims.
Sincerely
Olga Aulet-Leon
In an effort to expedite this process, I have requested Torrance Orthopaedic & Sports Medicine Group a
copy of their records which I am attaching,
CC: Adriana Alcaraz, EMCAS, Engle Martin Claims Administrative Services
CC: Todd Garner, Anderson Penna Construction Management Team
CC: All American Asphalt
Olga Aulet-Leon
Rancho Palos Verdes, CA 90275
February 19, 2015
To All American Asphalt
400 E Sixth St. PO box 2229, Corona, CA 92878
As of today, I have not received a response to my letter mailed on January 18, 2015 (Exhibit A),
enclosed, Also find enclosed the first letter dated 7/17/2014, (Exhibit B), the second letter
dated July 18, 2014, (Exhibit C) and letter from Adriana Alcaraz, EMCAS Claims Specialist,
(Exhibit D).
My very reasonable settlement request has been ignored, Due to the statute of limitation, if this
matter is not settled between us on or before February 28, 2015, 1 will be forced to hire the
services of a private lawyer. As you well know, this will elevate the amount of the settlement
exponentially, since they will demand restitution for everything I would be entitled by law, as
well as their fees and the court costs for a jury trial,
Sincerely
Olga Aulet-Leon
CC; EMCAS, Engle Martin Claims Administrative Services
CC. Michael W Throne, RPV director of Public Works
CC; Jim Knight, mayor of RPV
on
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_,Al�_ �
ENGLE MARTIN
Claims ndrnlnktrative 5ervicos
February 25, 2015
OAulet-Leon
Ranchos es, CA 90275
Attention: Ms. Olga Aulet-Leon
RO, Box 420157 0: 678,553,3800
Atlanta, GA 30342 F: 678,553,3801
TF; 888,239.7872.
E"A?y of tka3idlo 1',rtloc V�tr+fea«,
Sent via US Mail and Electronic Mail. �■.,.�
RE: Insured.:
Claimant:
Nature of Loss:
Location of Loss:
Date of Loss:
Our File Number:
Dear Ms, Aulet-Leon:
All American Asphalt
Olga Aulet-Leon
Trip and Fall
4214-4212 Palos Verdes Dr
July 9, 2014
AA057674
E, Rancho Palos Verdes, CA 90275
Engle Martin & Associates is the third -party administrator for claims presented to All American
Asphalt (AAA). Your claim was forwarded to us by the City of Rancho Palos Verdes,
We have completed our investigation and review of your claim and at this time must respectfully
deny liability. Our investigation included a review work performed by All American Asphalt, and
a review of the correspondence you provided regarding the facts of your accident and the injuries
You sustained,
Our investigation revealed that our Insured, AAA, complied with all standards for the work
performed and was not negligent with regard to the placement of the signs. Therefore, we must
respectfully decline liability for your claim.
Very truly yours,
EMCAS
Julie Cooper, AIC, SCLA
Senior Claim Examiner
7
F, M --CA S
ENGLE MARTINT
C17ims Administrativo Sovicns
jcooper a,englemartin.com
Direct: (425) 921-3240
JEC/anb
cc: Sue Brown, All American Asphalt -- sbrown u,allamericanasphalt.com
John Garthe, All American Asphalt — jgartheQallamericanasplialt.com
Marie Engstrom, Epic Brokers — mengstrom@epicbrokers.com
City of Rancho Palos Verdes
Attention: Nicole Jules, Director of Public Works
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275-5391